A/HRC/25/60/Add.2 detallada acerca de las medidas que hayan sido tomadas para proteger los derechos y libertades de los mencionados. Fiji (a) AL 15/03/2013 Case No. FJI 1/2013 State Reply: None to date Alleged torture of escapees from the Naboro Corrections Facility, including a possible related video recording of torture of prisoners in a separate prison. 54. The Special Rapporteur regrets that the government of Fiji has not responded to this communication, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged torture of escapees of the Naboro Corrections Facility outside Suva, Fiji. According to the information received, the men complied with the directions of armed military officers and did not resist arrest when they were recaptured. It is alleged that armed military officers tortured the men following arrest. The men were handcuffed and severely beaten. On the way back to the mainland by boat, security officers threw a handcuffed and injured escapee into the sea several times, each time hauling him back into the boat. In the Babua military barracks the men were forced to take off all their clothes and were left naked in dark cells, kicked, hit with the butt of guns, sworn at, spat on and had hot water poured on them. Another suffered rectal injuries after military officers pushed the barrel of a gun into his anus. It is further reported that one of the prisoner’s legs was amputated shortly after the recapture. It is alleged that soon thereafter, it was announced that the police would not open an investigation into the allegations. It is further reported that it remains unclear whether the prisoners have been granted access to legal representation. Reportedly there was also a leaked nine-minute video that shows a handcuffed man being physically and sexually assaulted, beaten and humiliated by a group of men while lying helpless in the back of a pick-up truck. The man is repeatedly struck on his feet, legs, body and head with a number of different implements including a length of rubber pipe, a metal rod, a stick and a hammer. Subsequently some of his abusers force him to expose his genitals, while others film and photograph him. A second handcuffed man is shown sitting on the ground nearby and is also struck on his body including legs and head with a stick and a rod. A dog is encouraged by its handler to seize him by the shirt and drag him several meters across the ground. The police statement also alleges that neither of the men in the video is thought to be any of the five prisoners who had escaped on 17 September 2012. It is still unclear whether the videotape shows the torture of two of the five prisoners or a separate case of police violence and torture where the victims remain unknown. The Special Rapporteur would like to emphasize that torture and other cruel, inhuman or degrading treatment or punishment is prohibited in all circumstances without exception. This absolute prohibition is a rule of customary international law, which binds all nations, irrespective of whether or not they are party to relevant treaties. Furthermore, the Special Rapporteur would like to remind the government of paragraph 1 of Human Rights Council Resolution 16/23 which “Condemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Under international law and standards, and paragraph 7b of Human Rights Council Resolution 16/23, states must also ensure that all reasonable allegations of torture are properly investigated, including through medical documentation as elaborated in the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol, 1999). This obligation reflects both the duty of states to ensure reparations to victims of this serious human rights violation, including the disclosure of the truth. In this context, paragraph 7e of Human 37

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